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HomeMy WebLinkAbout05-16-89Maq 16, 1989 8540 Minutes of the regular meeting of the Pulaski Town Council held May 16, 1989, at 7:00 p.m. in the Council Chambers in the Municipal Building There were present: Mayor Gary C. Hancock, presiding Council Members: James M. Neblett, J. R. Schrader, Jr., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr. Alma H. Holston, Ira S. Crawford Also Present: Frank Terwilliger, Town Attorney Daniel E. McKeever, Town Manager Anne Burgess, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey, Bob Thomas, Rick Lindquist - of the news media T. Rodman Layman Alan D. Groseclose 50 area citizens The invocation was given by Councilman Neblett. On motion made by Councilman Neblett, seconded by Councilperson Holston, and carried, the minutes of the regular meeting of May 2, 1989 and minutes of the special meeting of May 5, 1989, were approved as recorded. CITIZENS OPPOSING SHOPPING Mr. T. Rodman Layman, representing Concerned Citizens for Planned CTR.Progress, addressed Council with the request that they promote what is best for Pulaski when considering rezoning request on Memorial Drive. He stated their organization was incorporated this past week to promote growth in Pulaski by finding suitable locations for industrial and commercial development that are in the best interest of all the citizens and further to be ever alert to promote Pulaski in a positive manner. He stated if this particular neighborhood was allowed to continue to have to face and fight off, if they chose, petitions to do the same thing over and over again, that they were being oppressed. He stated it was against clear public policy and against the law. Mr. Laymon stated that Article 9, Section 7, in our zoning ordinance states that when a petition is denied such a petition or one substantially similar shall not be reconsidered sooner than one year after the previous denial. He stated that Council did not need lawyers to interpret the zoning ordinance. At least not Article 9, Section 7. ~He stated that citizens felt they should be protected by zoning ordinance and a map. That they would not have to continually fight to protect what they felt was in the best interest of their neighborhood. He felt that shopping center could not be built for at least one year as it is the same identical project; the same owner; the same developer; the same purpose; the same objectors; the same ob- jections; the same intersection. II I 8541 May 16, 1989 He suggested to Council, don't ask your lawyer if there is anyway we could get by, if there is any way we can skirt around, if there is any way we can avoid the clear meaning of the ordinance - don't ask your lawyer if you can avoid or somehow annul or repeal a provision of the ordinance. That would be unconstitutional under the United States Constitution. He requested that Council not send this issue to a hearing - to reject both sides without a hearing - that is the spirit of the law. They are the same project. He requested that Council vote right for their fellow citizens and right for the spirit of the law. Mr. Alan Groseclose stated he never thought he would hear a law- yer state not to listen to your lawyer. He felt there was one point being overlooked and that is who is being assaulted It is not these good neighbors, it is not their property that is being rezoned, it is not their property that is being restricted. Whose property is it - it is the Allison's property. These people have owned their land and it was never zoned until incorporated into the Town of Pulaski. He felt we should be able to use our land to the best use. It is worth a lot of money and we should be able to use it for that purpose - what- ever that commercial purpose is. We have to have plans in our growth and one purpose in the zoning ordinance is to see that a community has areas that are available for every possible use. He stated there is a developer ready to spend 8-10 million dollars investing in our communi- ty, a tax base for our community. He needs 20 acres to do it. Mr. Groseclose does not see anywhere on the zoning map this could be done except for the Huff property on Rt. 11 or on Memorial Drive. We have wonderful facilities but do need a shopping area. Mr. Groseclose further stated that every cost has a benefit and every benefit has a cost. He asked that Council consider the Allison family in the equation - they are citizens and taxpayers and they have owned this land a long time. A good many of the neighbors feel that this land should remain a nice pastoral setting that is pleasing to my eye. When I go past there, I want to be able to look out on the rolling hills and if offices could be built, let the Allison's sell it for that, but Mr. Groseclose did not know of anyone who wanted to build offices on Memorial Drive. He had also heard it should be developed residential, but he did not know that we had a demand for residences on Memorial Drive. But we do have a proven demand and a proven value from someone who knows what they are doing and they are willing to invest that this is a good place for a shopping center. Mr. Groseclose has not seen any evidence that it is going to damage anything. Mr. Groseclose further stated that the zoning ordinance is a power that Council has, the power to take people's property. You don't take the title, but you tell them they cannot use it for certain things. If it is restricted to office complexes and nobody wants to build an office complex, then obviously the owner doesn't have any value there. He is sitting with a title to a piece of land that he is paying taxes on but it is not really worth anything. The Allison land is worth something to them as a shopping center and it is worth something to Pulaski. He said to weigh all the costs, all the benefits and to take into account the neighbors objections and look at the evidence. Look at the merits of the case and do not ignore your attorney's advice. Then do the right thing for the overall community. Ir L___J May 16, 1989 8542 There being no further comments from the public, Mayor Hancock called for Council Committee Reports. UTILITIES COMMITTEE FILTER PLT. Chairman Neblett had no report other than the proposed listing of names for the water treatment plant plaque, and so moved that listing as presented with the addition of Dewberry and Davis and other contrac- tor be included for plaque, seconded by Councilman Neighbors and carried PLANNING COMMISSION SHOPPING CTR. Councilman W. H. Schrader stated the Planning Commission had met May 8 and reviewed the newest site plan received from Vermillion Deve- lopment Corp. The site plan was determined to be ready for a joint public hearing to be held as soon as possible. With Vermillion's consent, the Commission also voted to table the rezoning request for the east side of Memorial Drive, dated April 6, 1989, pending the out- come of the May 5th request. REZON. Councilman Schrader also reported the former Calfee School proper- ~y,-requested to be rezoned by Magnox, Inc. to M-2, was approved to be rezoned from R-2 to M-1, with Magnox in agreement with the lesser classification. Conditional Councilman Schrader advised a presentation was made by Faye Use Fortner regarding a conditional use application at 506 N. Jefferson to convert the former doctors office into three apartments. The Commission expressed concern that this particular project would fall under the conditional use provisions requiring a joint public hearing. They felt the ordinance should be amended in some way to exempt certain minor projects, such as this one, from the joint public hearing require- ments. The Commission is concerned with the growing volume of public hearings and staff was asked to come back with a recommendation which could be forwarded to Council's Ordinance Committee. The Commission recommended to Council that a joint public hearing be held. Plan. It was also reported that the Commission approved the resubdivision Comm.of lots at Bellevue and S. Jefferson Avenue for Habitat for Humanity. The resubdivision converted four lots into three lots with more space for building. Councilman Neblett made a motion that a joint hearing with the Planning Commission be set for June 6, 1989, at 7:00 p.m. at Pulaski Middle School on the Vermillion Development Corp. rezoning request, seconded by Councilman Crawford. REZONING Councilperson Holston made a substitute motion that we reconsider the action on our last special meeting concerning the shopping center where we agreed to accept proposal by Vermillion Development for a shopping center rezoning on the old side, former side, of Memorial Drive and also to forward the most recent proposal from Vermillion to the Planning Commission. Councilman Crawford stated we had voted to send this to the Planning Commission for their recommendation. J 8543 May 16, 1989 Mr. McKeever reminded Council that we could not place any demands on the developer. Mr. Graham questioned if one of the people voting for the motion at our last special called meeting have to be the one that makes the motion to reconsider it tonight. Can one of the persons who voted against it make that motion. Mr. Terwilliger gave his opinion that Mrs. Holston could not make the motion because she was not on the prevailing party. Also, to Mr. Graham's inquiry, whether or not any of the prevailing party, that is the negative persons, such as Mrs. Holston who was against the shopping center on the first vote of proposal one, could bring it to be reconsi- dered. Under Roberts Rules of Order they could, but Mr. Terwilliger recommended against that procedure because he thought it contradicts the language of the ordinance. The motion made on Friday was that the Council rule that it was different from proposal one and proposal three was not proposal one and to forward proposal three to the Planning Commission. That is not pro- hibited by Roberts Rules of Order. Mayor Hancock advised that based on the advice of Mr. Terwilliger, Councilperson Holston's motion was out of order. Motion regarding the scheduling of the public hearing carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - No J. R. Schrader, Jr. - No W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - No James R. Neighbors - Aye Ira S. Crawford - Aye Councilman W. H. Schrader moved that a joint public hearing with the Planning Commission be scheduled for June 6, 1989, at 4:00 p.m. on the conditional use application at 506 N. Jefferson Ave. to convert former doctor's office into three apartments, seconded by Councilman Neighbors and carried. MAGNOX REZON. Councilman W. H. Schrader moved that rezoning request made by APPROVED Magnox, Inc. regarding the former Calfee School be approved to be rezoned from R-2 to M-1, seconded by Councilman Holston. Mayor Hancock has performed work for Magnox, therefore, did not vote or participate in this matter. 1 Vice Mayor Neighbors then called for vote which carried as follows: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye PUBLIC & PERSONNEL RELATIONS NOMINATING COMMITTEE APPT. TO ARB Chairman Neighbors moved that Mrs. Betty Sadler be appointed to the Architectural Review Board for a two year term to replace Mrs. Jennifer Stuart who resigned in March, seconded by Councilperson Holston and carried. r ~' May 16, 1989 8544 Chairman Neighbors expressed Council's appreciation to Mrs. Stuart for her work. PLAN'' DIST. Mayor Hancock advised a letter had been received from Mrs. Louise COMM. Settle resigning from the New River Planning District Commission. Mayor Hancock personally thanked Mrs. Settle on behalf of the Council for her service of over 14 years on regional planning commission. He also thanked her for her many years' service on the Town's Planning Commission, including serving as its chairman. He stated she had given a valuable service to the Town. PUBLIC OPERATIONS COMMITTEE Chairman Graham advised that the committee had met and reviewed several drainage problems. The problems were on Hickory Ave., Craig Street and Wells St. The committee recommended that the total cost of these projects be determined and referred to Finance Committee for a report to Council. Chairman Graham reported that the Gayle Long water heater problem is being researched by the Town Manager and a report will be brought back to Council. SIDEWALK Chairman Graham stated the committee discussed sidewalk for North- NORTHW~aood Drive, and to go through to Rt.11 would cost in excess of $100,000. No action was taken on the Northwood Drive sidewalk. The property owners were contacted regarding the Northwood Drive sidewalk, however, they are not interested in participating. Town Manager is to identify other need- ed areas for sidewalks and bring back to committee. FINANCE COMMITTEE Chairman Crawford had no report, however, he called for a budget meeting/workshop at 7:30 a.m. Wednesday morning. 1 MAYOR'S REPORT PROCLAMATION Mayor Hancock advised we had a proclamation declaring week of May 21-27 as National Public Works Week in Pulaski. Mayor Hancock congratulated Councilman Rocky Schrader on his recent promotion to Vice President of Finance at Hudson Chevrolet. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT SHOPPING Mr. McKeever advised he had forwarded to Council the proffers filed CTR.by Vermillion Development Corp. for review and consideration during the public hearing. Mr. McKeever reported that the second joint meeting with the Town of Dublin, Town of Pulaski and Pulaski County is scheduled for May 30th at 7:00 p.m. The Town of Pulaski is host to this meeting and it was re- commended it be held at the Renaissance Restaurant on Main Street. 8545 May 16, 1989 TRAIN Mr. McKeever stated that the borrowing of 5122,000 for the train STATION station renovation from the Farmers Home Administration must be secured by a General Obligation Bond of the Town pledging the full faith and credit of the Town as security. As such, bond ordinance and an opinion from bond counsel is required by FmHA. Information from Webster Day has been distributed for a proposal outlining scope of services to be performed in order to satisfy the FmHA requirements. Councilman Neblett moved that Council engage Mr. Day according to the scope of services outlined in his letter of May 5, 1989, not to exceed $3,000. Motion seconded by Councilman Crawford. Councilman Graham stated it did not suit him to take taxpayers money to fix a museum, and felt we needed citizen input. Motion then carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye LITTER Mr. McKeever presented a resolution directing that any money that CONTROL the Town would receive from the Department of Waste Management, Div- RESOLUTION ision of Litter Control be joined with the money that the County receives and help fund the Clean Community Council. Councilperson Holston so moved that resolution be adopted, seconded by Councilman J. R. Schrader and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye RESOLUTION Whereas the Town of Pulaski recognizes the existence of a litter problem within the boundaries of the Town of Pulaski, and Whereas the Virginia Waste Management Act provides, through the Department of Waste Management, Division of Litter Control and Recycl- ing for the allocation of public funds in the form of Grants for the purpose of enhancing local litter control programs, and Be it resolved that the Town of Pulaski: Hereby endorses and supports such a program for the County of Pulaski, and Hereby expresses the intent to combine with the County of Pulaski and the Town of Dublin in a mutually agreed upon and Cooperative Program contingent on approval of the Application by the Department of Waste Management, Division of Litter Control and Recycling and contingent on receipt of funds, and Hereby authorizes the Pulaski County Clean Community Council to apply on behalf of all of the above named localities for a Grant, and to [1 May 16, 1989 8546 be responsible for the administration, implementation, and completion of the Program as it is described in the attached Application Form LCG-1 and Further accepts responsibility jointly with the Pulaski County Clean Community Council and the County of Pulaski and the Town of Dublin for all phases of the Program, and Further accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application, and That said funds, when received, will be transferred immediately to Pulaski County Clean Community Council by the Department. All funds will be used in the Cooperative Program to which we give our endorse- ment and support. Hereby requests the Department of Waste Management, Division of Litter Control and Recycling to consider and approve the Application and program, said Program being in accord with Regulations governing use and expenditure of said funds. Mr. McKeever advised the Town offices would be closed May 29 in honor of Memorial Day. Mr. McKeever requested an Executive Session under 2.1-344 (A4) to discuss a real estate matter and under (A1) to discuss a personnel matter. At 8:04 p.m., Councilman Neblett so moved that Council go into Executive Session, seconded by Councilman Neighbors and carried. At 8:27 p.m. Council returned to regular session on motion made by Councilman Neblett, seconded by Councilman W. H. Schrader and carried and adjourned on motion made by Councilman Neblett, seconded by Council- man W. H. Schrader and carried. 1 ATTEST: Clerk of Council ~1 APPROVED: Mayor